Afghanistan

Lord Dykes: asked Her Majesty's Government:
	Whether they are aware of any measures that can be taken by the United Kingdom military and other personnel in Afghanistan, alongside other coalition and NATO forces, to assist President Karzai's Government to extend their control outside the Greater Kabul administration zone.

Lord Drayson: The primary role of the International Security Assistance Force is to help create an environment in which the Afghan Government can: extend their authority across the entire country; maintain security; and facilitate reconstruction and development. UK troops and other personnel deployed as part of the provincial reconstruction team (PRT) in Helmand will work closely with the Afghan Government and international partners to provide an integrated diplomatic, political, developmental and military package in support of these aims. This will help bring about the kind of progress in the south and east that we have already seen in the north and west.
	The primary role of UK troops in Helmand will be to help provide a secure environment in which the PRT can operate. They will also train and work alongside the Afghan security forces to build their capacity to combat the narcotics trade, the residual Taliban insurgency and illegally armed groups. The civilian team, including representatives of the Foreign and Commonwealth Office and the Department for International Development, will help to establish strong democratic institutions, a functioning legal system and a sustainable legitimate economy capable of providing livelihoods for the local population.
	This effort is backed up by a significant development aid package for Afghanistan from the UK and from the international community, totalling over $10 billion over the next three years.

Airports: Access

Lord Berkeley: asked Her Majesty's Government:
	Whether they have commissioned any research into (a) where the journeys of people who drive to Heathrow and Stansted and park long term begin; and (b) how many of those people will be able to use public transport if a congestion charge is introduced at those airports.

Lord Davies of Oldham: The department holds the following information on the origins of passengers using long-term car parks at Heathrow and Stansted. It has been extracted from the Civil Aviation Authority passenger survey 2004:
	
		Annual figures 2004 -- Thousands
		
			 UK origin/destination Heathrow Stansted 
			 Avon 50.3 9.3 
			 Bedfordshire 38.3 69.4 
			 Berkshire 128.3 41.6 
			 Buckinghamshire 67.0 78.0 
			 Cambridgeshire 42.6 173.8 
			 Cheshire 6.4 12.3 
			 Cleveland 0.0 1.7 
			 Clwyd 0.0 3.3 
			 Cornwall 8.7 3.1 
			 Cumbria 0.0 2.6 
			 Derbyshire 13.5 21.4 
			 Devon 26.6 26.8 
			 Dorset 32.1 19.4 
			 Durham 0.0 3.1 
			 Dyfed 9.6 2.6 
			 East Sussex 38.7 15.6 
			 Essex 64.3 280.1 
			 Gloucestershire 33.1 18.6 
			 Greater London 243.5 505.3 
			 Greater Manchester 22.4 16.5 
			 Gwent 6.6 5.1 
			 Gwynedd 2.4 1.7 
			 Hampshire 150.9 85.2 
			 Hereford & Worcs 27.5 34.8 
			 Hertfordshire 60.8 145.1 
			 Humberside 1.8 21.0 
			 Isle of Wight 0.4 4.1 
			 Kent 79.6 167.7 
			 Lancashire 6.5 1.6 
			 Leicestershire 20.2 48.4 
			 Lincolnshire 25.9 44.8 
			 Merseyside 1.4 0.7 
			 Mid Glamorgan 21.3 4.5 
			 Norfolk 30.3 115.8 
			 North Yorkshire 4.0 27.8 
			 Northamptonshire 48.9 54.0 
			 Nottinghamshire 35.8 60.8 
			 Oxfordshire 81.2 55.2 
			 Powys 1.0 2.5 
			 Shropshire 17.2 7.5 
			 Somerset 33.5 22.6 
			 South Glamorgan 24.8 0.9 
			 South Yorkshire 18.8 41.1 
			 Staffordshire 21.6 15.1 
			 Suffolk 25.3 104.5 
			 Surrey 135.4 57.2 
			 Tyne and Wear 0.7 4.3 
			 Warwickshire 35.7 24.4 
			 West Glamorgan 0.9 0.9 
			 West Midlands 66.9 21.9 
			 West Sussex 29.3 25.9 
			 West Yorkshire 4.5 23.5 
			 Wiltshire 72.4 8.6 
			 Total 1,919.1 2,544.1 
			 Total terminating passengers 43,615.1 18,298.6 
			 Percentage of passengers usinglong-term car park 4.4 13.9

Airports: Access

Lord Berkeley: asked Her Majesty's Government:
	What proportion of car journeys to and from Heathrow and Stansted are made by (a) staff; (b) those dropping off and picking up air travellers; (c) taxis; (d) those using short stay car parking facilities; and (e) those using long stay car parking facilities.

Lord Davies of Oldham: The Government hold the following information which has been extracted from the 2004 CAA passenger survey. Please note that the survey data include only passengers and do not cover people travelling to and from the airport for other reasons—for example, for employment at the airport.
	
		Annual figures 2004
		
			   Thousands   Percentage 
			  Mode ofTransport Heathrow Stansted Heathrow Stansted 
			 a Staff using staff car park prior to travelling as passengers1 50 22 0.1 0.1 
			 b Dropping off and picking up air travellers 7,990 3,365 18.3 18.4 
			 c Taxis/Minicab 11,189 1,401 25.7 7.7 
			 d Short stay car park 3,147 2,043 7.2 11.2 
			 e Long stay car park 1,919 2,544 4.4 13.9 
			  Rental car—Dropping off hire car 1,182 12 2.7 0.1 
			  Airline Car—Courtesy Car (Chauffer driven) 321 2 0.7 0.0 
			  Other (car park) 2 1,765 1,426 4.0 7.8 
			  Total above 27,565 10,815 63.2 59.1 
			  Other—Public transport 16,051 7,483 36.8 40.9 
			  Total 43,615 18,299 100.0 100.0 
		
	
	1 Staff—Only passengers on aircraft.
	2 Includes private car—valet service, hotel car park, business car park and type of car park unknown.

Armed Forces: Voter Registration

Lord Garden: asked Her Majesty's Government:
	What were the results of the Ministry of Defence survey into voter registration and voting in the Armed Forces at the 2005 general election; how many survey forms were issued; and how many were returned.

Lord Drayson: The Defence Analytical Services Agency (DASA) conducted the survey on behalf of the Ministry of Defence; 8,849 survey forms were sent out (of which 112 were returned unopened) and 3,923 were returned completed, which equates to a response rate of around 45 per cent. This achieves the target set by DASA when designing the survey.
	Results are not available yet but DASA is in the process of analysing returned forms and expects to deliver a report to Ministers by the end of this month.

Arms Control

Lord Hylton: asked Her Majesty's Government:
	What progress is being made through the transfer control initiative, or by other means, in preventing small arms and light weapons reaching oppressive regimes or reinforcing internal fighting.

Lord Triesman: Since the launch of the transfer controls initiative (TCI) in 2003, the UK along with many international partners has made progress in building international consensus on the need for stronger controls on the export, import and transhipment of small arms and light weapons (SALW). The issue is now firmly on the international agenda. In particular the TCI has built support for stronger transfer controls in Africa, Latin America and the Caribbean (such as the Nairobi protocol and the Andean pact) regions where the problems associated with illicit trade in SALW are severe. At the review conference of the UN programme of action this summer we will seek agreement to develop a set of politically binding criteria for SALW transfers.
	The UK has also played a leading role among EU partners in formulating a strong EU SALW strategy to support the UN programme of action on SALW. Both bilaterally and through the EU we fund projects to enhance small arms control legislation in countries where weapons availability and transhipment are recognised problems and where there is a negative impact on development. We also support SALW stockpile management and the destruction of surplus SALW.
	We are also working with international partners to promote the concept of an arms trade treaty, a legally binding instrument that would cover all conventional weapons.
	As an exporter of defence equipment, we operate one of the most rigorous licensing systems in the world. All potential exports are assessed on a case-by-case basis against the consolidated EU and national arms export licensing criteria. Under these criteria, the Government will not issue an export licence if there is a clear risk that the proposed export might be used for internal repression or provoke or aggravate conflict.

Aviation: Lost Luggage

Lord Jopling: asked Her Majesty's Government:
	Whether they have made any representations to the Spanish authorities concerning the repeated incidents of luggage in transit between Iberia flights at Madrid airport being delayed or lost.

Lord Davies of Oldham: No. The Government have no locus to intervene in disputes on the level of service provided by a particular airline or ground service provider.
	Legislation protecting passenger rights in respect of lost, damaged or delayed baggage is covered under the 1999 Montreal Convention which came into force in June 2004, and provides the basis upon which passengers may seek compensation from airlines.

Business Improvement Districts

Lord Jenkin of Roding: asked Her Majesty's Government:
	What measures are being undertaken to assess the role of property owners' statutory inclusion in funding and voting upon business improvement districts; and
	What steps they have taken to research the role of property owners in business improvement districts; and whether the timetable for this work will be published.

Baroness Andrews: The Government commissioned York Consulting in October 2004 to carry out research into the role of property owners in the development and implementation of business improvement districts (BIDs). The research is being conducted in three stages, with interim reports due in March 2006 and June 2007. The final report is due in December 2008. The Government will consider any changes to the legislation in light of the findings.

Child Protection

Baroness Anelay of St Johns: asked Her Majesty's Government:
	Who serves on the Secretary of State for the Home Department's Task Force on Child Protection on the internet; and which organisations or government departments they represent.

Baroness Scotland of Asthal: The Home Secretary's Taskforce for Child Protection on the internet is chaired by the Home Office Parliamentary Under-Secretary of State, Paul Goggins MP. The Conservative Party is represented by Sir Paul Beresford MP and the Liberal Democrats by Annette Brooke MP.
	The taskforce is made up of representatives from the following organisations:
	The Home Office, Department for Education and Skills, Department of Trade and Industry, Scottish Executive, Crown Prosecution Service, Office of Information Commissioner, OFCOM, British Educational Communication and Technology Agency (BECTA), National Crime Squad/Child Exploitation and Online Protection Centre, Internet Watch Foundation, Association of Directors of Social Services (ADSS), Association for Payment Clearing Services (APACS), Independent Committee for the Supervision of Standards of the Telephone Information Services (ICSTIS), London Internet Exchange (LINX), Internet Service Providers Association (ISPA), Mobile Broadband Group, Microsoft, THUS plc, Vodafone, AOL, BT, T-Mobile, O, Orange, three, Tiscali, Yahoo! UK, Wanadoo, NSPCC, NCH, Childnet International, Barnardo's, Stop it Now!, BBC, Cyberspace Research Unit at University of Central Lancashire and the De Montfort Law School.

Child Protection

Baroness Anelay of St Johns: asked Her Majesty's Government:
	When and where the first meeting to be hosted by the Secretary of State for the Home Department will take place as part of the new taskforce on child protection organisation to which members of the wider community will be invited, as set out in the summary of the minutes of the task force's meeting held on 23 February 2006; and what is the manner in which they intend to invite members of the wider community to participate in that meeting.

Baroness Scotland of Asthal: The first meeting of the Taskforce for Child Protection on the Internet took place on 6 July 2005, following the review referred to in the minutes of the 23 February 2005. Taskforce representatives were invited to attend, along with their CEO or equivalent and others from their organisation in order to help prioritise the work within those organisations and encourage continued participation in the taskforce's ongoing work.

Crime: Knives

Lord Ouseley: asked Her Majesty's Government:
	How many arrests and successful prosecutions there have been in the past five years for crimes involving the possession or use of knives.

Baroness Scotland of Asthal: The information requested on arrests is not available centrally. Information on arrests collected is based on persons arrested for recorded crime "notifiable" offences by main offence group (that is, sexual offences, violence against the person, burglary and so on) and therefore does not identify individual offences. Data from the Court Proceedings Database held by the Office for Criminal Justice Reform showing the number of successful prosecutions (convictions) for offences involving the possession or use of knives, in England and Wales, 2000 to 2004, are provided in the attached table.
	
		Number of defendants found guilty at all courts for certain offences related to (1) (2), the illegal possession and use of knives, England and Wales 2000 to 2004
		
			 Offence description Statute Year Found guilty 
			 Possession of offensive weapons without lawful authority or reasonable excuse Prevention of Crime Act 1953, Section 1(1) as amended by Offensive Weapons Act 1996, 
			 Section 2(1)   
			   1998 4,100 
			   1999 4,881 
			   2000 5,469 
			   2001 5,403 
			   2002 5,757 
			 Having an article with blade or point in public place Criminal Justice Act 1988, Section 139 as amended by Offensive Weapons Act 1996, Section 3   
			   1998 3,511 
			   1999 4,299 
			   2000 5,281 
			   2001 5,308 
			   2002 5,784  
			 Having an article with blade or point on school premises (2) Criminal Justice Act 1988, Section 139A (1)(5)(a) as amended by Offensive Weapons Act 1996, 
			 Section 4(1)   
			   1998 17 
			   1999 23 
			   2000 19 
			   2001 29 
			   2002 37 
			 Possession of offensive weapons without lawful authority or reasonable excuse on school premises Criminal Justice Act 1988, Section 139A (2)(5)(b) as amended by Offensive Weapons Act 1996, 
			 Section 4(1)   
			   1998 11 
			   1999 18 
			   2000 17 
			   2001 14 
			   2002 29 
		
	
	(1) These data are on the principal offence basis.
	(2) Data for "having an article with blade or point on school premises" excludes convictions for West Mercia PFA, due to a coding error within the police force
	Source: RDS—Office for Criminal Justice Reform

Crime: Weapons

Lord Ouseley: asked Her Majesty's Government:
	What additional measures they are considering to reduce the level of violent crimes committed by persons carrying knives and guns.

Baroness Scotland of Asthal: The Violent Crime Reduction Bill includes measures which: raise the age at which someone can purchase a knife to 18; ban the sale, manufacture or importation of realistic imitation firearms; give head teachers powers to search pupils for weapons; and introduces a new offence of using someone to mind a gun or knife. In addition, we are considering whether to extend the list of banned offensive weapons to include Samurai swords.
	We will also continue to work closely with ACPO, community and voluntary organisations and across Whitehall to develop interventions that will deter young people from carrying weapons and educate them in the dangers and consequences of doing so. We support a wide range of diversionary activities, interventions and training from recycled criminal assets through the connected fund as well as other local projects supported by the government offices for the regions.

CyberStorm

Lord Harris of Haringey: asked Her Majesty's Government:
	What discussions have taken place with the United States Government about the CyberStorm exercise led by the Department of Homeland Security earlier this year; and what plans they have to conduct a similar exercise in the United Kingdom.

Baroness Scotland of Asthal: The UK Government participated in exercise CyberStorm and was represented by the National Infrastructure Security Co-ordination Centre (NISCC), the MoD, and law enforcement—because cyber-threats are global issues which stretch beyond physical borders.
	The NISCC, which is responsible for minimising the risk of electronic attack to the critical national infrastructure (CNI), was involved in the planning process and contributed players to the live exercise. UK aims were all achieved and included testing UK/US communication links and gaining a better understanding of how our US partners would engage with us in managing a crisis of this nature.
	The NISCC undertakes major exercises on a regular basis, involving both private-sector companies and other government departments which make up the CNI. The overall aim of these exercises is to improve the resilience of the UK CNI.

Data Protection Act 1998

Lord Harris of Haringey: asked Her Majesty's Government:
	What plans they have to update the penalties under the Data Protection Act 1998 so as to recognise the seriousness of the offences of those who obtain and sell medical and criminal records.

Baroness Ashton of Upholland: Custodial sentences are already in place for the unauthorised disclosure of some types of government information, including tax and social security data. My department, together with the Home Department, is currently considering whether custodial sentences would be an appropriate sanction for unauthorised disclosure of other types of personal information.

Drugs

Lord Tebbit: asked Her Majesty's Government:
	What military action they have authorised against the drugs trade in Central America and the Caribbean; what units were involved; and what were their rules of engagement.

Lord Drayson: Armed Forces operations are one element of the UK's broader counter-drugs engagement in Central America and the Caribbean, carried out under the co-ordination of H M Revenue and Customs. Activities involve supporting the agencies of a number of international partners in intercepting drug traffickers and facilitating their arrest. Royal Navy and Royal Fleet Auxiliary vessels are deployed in the region for the primary task of disaster relief and undertake counter-drugs operations when they do not detract from that role.
	As has been the practice of successive governments, I am unable to comment in detail on the rules of engagement under which the Armed Forces operate.

Falkland Islands: Fishing Vessels

Lord Tebbit: asked Her Majesty's Government:
	Whether they propose any action to prevent harassment of Falkland Islands fishing vessels by Argentinian naval ships.

Lord Triesman: There has been no recent harassment of Falkland Islands fishing vessels by Argentine naval vessels. However, the Argentine coastguard detained the Falkland Islands fishing vessel "John Cheek" on 20 February on the grounds that it was operating in Argentine waters. The "John Cheek" maintained that it was in international waters when detained. Our ambassador in Buenos Aires has made our concerns known to the Argentine authorities. We have provided the Argentine authorities with the precise position fixes of the "John Cheek" and are waiting their response. We are following this case closely and remain in close touch with the owners of the vessel.

Falkland Islands: Sovereignty

Lord Tebbit: asked Her Majesty's Government:
	What action they will take to assert sovereignty over Falkland waters.

Lord Triesman: The UK has no doubts about its sovereignty over the Falkland Islands and the surrounding maritime area. We will continue to defend the right of self-determination of the Falkland Islanders whenever necessary.

Government Departments: Telephone Numbers

Baroness Byford: asked Her Majesty's Government:
	Why government departments are using special rate telephone lines which result in the public having to pay extra for phone calls.

Lord Bassam of Brighton: The use of special rate telephone numbers is a matter for individual departments.
	The Central Office of Information (COI) issued revised guidance on the use of 0870 and 0845 numbers in 2004, after consultation with Ofcom. The revised guidance said that the use of such numbers may no longer be appropriate, but the guidance is not mandatory.

Home Office Acts: Power to Amend

Baroness Harris of Richmond: asked Her Majesty's Government:
	How many sections enabling Ministers to amend primary legislation by means of secondary legislation have been included in each Home Office Act passed from May 1997 onwards.

Baroness Scotland of Asthal: The table below lists sections of (and, in some cases, provisions in schedules to) Acts introduced by the Home Office since May 1997 which enable Ministers to amend primary legislation by means of secondary legislation. The table shows the provisions in the Acts as enacted. Not all are still in force and some have since been amended.
	Special Immigration Appeals Act 1997
	None
	Crime and Disorder Act 1998
	Section 38(5)—power to amend definition of youth services
	Section 41(6)—power to amend functions of YJB
	Section 58(7)—power to amend extended licence period
	Section 61(7)—power to amend period of drug treatment and testing orders
	Section 86 deals with extended sentences for sex and violent offenders in Scotland—power to amend time period, not exceeding ten years
	Section 89 deals with drug treatment and testing order in Scotland—power to amend the time period
	Criminal Justice (International Co-operation) (Amendment) Act 1998
	None
	Criminal Justice (Terrorism and Conspiracy) Act 1998
	None
	Data Protection Act 1998
	Section 30—modification of subject information provisions on health education and social work
	Section 38(1) and (2)—power to make further exemptions by order
	Section 56(8)—amendment of preceding provision of that section
	Human Rights Act 1998
	Section 1(4)—amendment to give effect to ECHR protocols
	Section 10(2)—power to take remedial action
	Section 14(5)—power to give effect to derogations
	Section 15(5)—power to give effect to reservations
	Registration of Political Parties Act 1998
	None
	Criminal Cases Review (Insanity) Act 1999
	None
	European Parliamentary Elections Act 1999
	None
	Football (Offences and Disorder) Act 1999
	None
	Immigration and Asylum Act 1999
	Section 31(10)—power to amend subsections (3) and (4) of this section by adding offences.
	Section 53(3)(e)—power to amend or repeal any enactment so far as it relates to applications for bail by persons detained under the Immigration Act 1971 or section 62 of the Nationality, Immigration and Asylum Act 2002.
	Section 97 (3)—power to repeal subsections (1) (a), (1) (b) and (2) (a) of this section.
	Youth Justice and Criminal Evidence Act 1999
	Section 2(3)—power to amend referral conditions
	Section 18(5)—power to amend the special measures available in relation to a witness eligible for assistance
	Section 42(2)—power for adding or removing any offence to or from the offences which are sexual offences
	Section 58 Section 38(2A)(5) of the Criminal Justice and Public Order Act 1994 —power to amend the meaning of "authorised place of detention"
	Schedule 1 paragraph 13(8)—power to alter conditions for referral orders
	Criminal Justice and Court Services Act 2000
	Section 26(2)—power to amend offences in Schedule 4
	Section 36(15)—power to amend definition of regulated position
	Section 57(5)—power to amend drug testing powers
	Section 70(2)—power to amend offences in Schedule 6
	Section 77—power to make consequential and supplemental provision
	Football Disorder Act 2000
	Section 3—power to make consequential provision
	Freedom of Information Act 2000
	Section 4(1)—power to amend Schedule 1
	Section 7(3)—power to amend Schedule 1
	Section 74(3)—power to make provision on environmental legislation
	Section 75(1)—power to amend or repeal enactments prohibiting disclosure of information.
	Licensing (Young Persons) Act 2000
	None
	Political Parties Elections and Referendums Act 2000
	Section 18(1)—transfer of functions of local government commission in England
	Section 19(1)—transfer of functions of local government commission in Scotland
	Section 20(1)—transfer of functions of local government commission in Wales
	Section 23 (6)—provision on registration of political parties
	Section 51(4)—amendment of provisions on sponsorship
	Section 67 (1)—provision on weekly donation reports for elections other than general elections
	Section 70(1)—special provision for Northern Ireland parties
	Section 129(1)—orders relating to the conduct of referendums
	Section 163(2)—provisions on commencement
	Schedule 7 paragraph 3(4)—provisions on donations to individuals etc
	Schedule 8 paragraph 4—provisions on qualifying expenses
	Schedule 11 paragraph 3(4)—provisions on donations to recognised third parties
	Schedule 15 paragraph 3(4)—provisions on donations to permitted participants
	And note Section 156(5): Any order or regulations made by the Secretary of State under the Act may include provisions amending repealing or revoking enactments.
	Powers of Criminal Courts (Sentencing) Act 2000
	Section 15—power to amend maximum period of conditional discharge
	Section 17—power to amend referral order conditions
	Section 40(2)—power to amend period of curfew order
	Section 45—power to amend period of probation order
	Section 50—power to amend maximum hours of community service order
	Section 58—power to amend maximum period of drug testing and treatment order
	Section 85—power to extend maximum period of extension for violent and sexual offenders
	Race Relations (Amendment) Act 2000
	Section 71(2) and (6)—in connection with a power conferred by Section 71(2) to impose on public authorities specific duties relating to the elimination of unlawful racial discrimination and the promotion of equality of opportunity, subsection (6) gives the Secretary of State the power to make consequential amendments to primary legislation.
	Section 71(5) and (6)—power to amend Schedule 1A to the Act (bodies and other persons subject to general statutory duty) and power to make consequential amendments to primary legislation.
	Regulation of Investigatory Powers Act 2000
	Section 30(5)—Power of the Secretary of State to amend Schedule 1
	Section 31—Power of the First Minister and Deputy First Minister to make an order under Section 30(5)
	Section 47—Power of the Secretary of State to extend or modify authorisation provisions under Part 2
	Representation of the People Act 2000
	Section 10—pilot schemes for local elections
	Section 11(1)—revision of procedures in light of pilot schemes
	Section 14—amendment of the Greater London Authority Act 1999
	Section 17(3)—provisions on commencement
	Sexual Offences Amendment Act 2000
	None
	Terrorism Act 2000
	Section 3(3)—Power of the Secretary of State to amend Schedule 2
	Section 53(2)—Power of the Secretary of State to repeal paragraph 16 of Schedule 7
	Section 65(3)—Power of Secretary of State to amend Schedule 9
	Section 79(5)—Power of Secretary of State to amend length of sentence and period of remission as set out in Section 79(1)
	Section 80(9)—Power of Secretary of State to substitute a different period for the period mentioned in Section 80(1)
	Section 112(2)—Power of Secretary of State in relation to the expiry and renewal of Part 7 of the Act
	Schedule 3A, paragraph 5 of Part 3 —Power of the Treasury to amend Part 1 or 2 of Schedule 3A
	Schedule 6, paragraph 6(2)—Power of Secretary of State to amend the meaning financial institution for the purposes of Schedule 6
	Schedule 6, paragraph 7(3)—Power of Secretary of State to amend the meaning of customer information for the purposes of Schedule 6
	Schedule 13, paragraph 8(3)—Power of the Secretary of State to substitute a period greater than 12 months for the period in paragraph 8(1)(b) and (2)
	Anti-terrorism, Crime and Security Act 2001
	Section 17(3)—Power of the Treasury to add to the list of provisions to which section 17 applies
	Section 58(2)—Power of the Secretary of State to modify Schedule 5
	Section 61(6)—Power of the Secretary of State to modify the period in Section 61(4)
	Section 75(1)—Power of the Secretary of State to extend Part 7 to animal or plant pathogens, pests or toxic chemicals
	Section 105(3)—Power of the Secretary of State to extend or further extend the initial period in relation to Section 104
	Section 124—Power of a Minister of the Crown to make general consequential and supplementary provision
	Schedule 2, paragraph 5 of Part 3—Power of the Treasury to amend Part 1 or 2 of Schedule 5
	Criminal Justice and Police Act 2001
	Section 1(2)—power to amend table of offences—penalties on spot
	Section 69—power to apply seizure powers
	Elections Act 2001
	None
	Elections Publications Act 2001
	Section 2(1)—introduction of new law relating to election publications
	House of Commons (Removal of Clergy Disqualification) Act 2001
	None
	Private Security Industry Act 2001
	Schedule 2, paragraph 1(3) —power to modify the activities of security operatives that are covered by the Act
	Schedule 2, paragraph 7(3)—power to modify activities subject to additional controls under the Act
	Vehicles (Crime) Act 2001
	None
	Civil Defence (Grant) Act 2002
	None
	Football Disorder (Amendment) Act 2002
	None
	Mobile Telephones Re-programming Act 2002
	None
	Nationality, Immigration and Asylum Act 2002
	Section 25 (4)—power to amend subsections (1) and (2) (b) so as to substitute a shorter period for the periods specified.
	Section 41—power to remove a body from the list set out in subsection (1) of Section 86.
	Section 43 (1)—power to restrict the application of section 96 (1)(b) of the Immigration and Asylum Act 1999 (support for an asylum-seeker).
	Section 122 (5)—power to disapply subsection (3) in specified circumstances
	Section 55 (7)—power to add, remove or amend an entry in subsection (4).
	Section 68(4)—power to amend or replace subsection (2) so at to make different provision for the circumstances in which the power to release on bail may be exercised by the Secretary of State and not by an immigration officer.
	Section 94(5) and (6)—power to add and omit a state or part of a state listed in subsection (4).
	Section 115(8)—power to add a State or part of a state listed in subsection (7).
	Section 124 (6) (c)—power to amend Sections 40 to 43 of and Schedule 2 to the Immigration and Asylum Act 1999.
	Section 125—substitutes a new Section 40 in Immigration and Asylum Act 1999, which includes power to amend that section to apply it in respect of an individual who requires leave to enter the UK and arrives in the UK by train. Section 40 (10) (as substituted) provides that an order may substitute a sum for the sum set out in subsection (2).
	Section 148 inserts Section 26A into the Immigration Act 1971. Section 26A (7)—provides that an order may amend the definition of registration card in subsection (1).
	Section 157—power to make consequential or incidental provision in connection with a provision of this Act and subsection (2) provides that an order to so do may amend an enactment.
	Section 141 (4) (c)—provides that an order made under this section may amend an enactment.
	Schedule 3, paragraph 16 (2) (d) and (3)—provide that an order or regulations made under this Schedule may include consequential provisions which amend an enactment
	Police Reform Act 2002
	Section 19—power to modify RIPA and Police Act 1997 authorisations in connection with Independent Police Complaints Commission investigations
	Section 99—power to modify Part 4 of the Police Act 1997 (powers and functions of the Police Information Technology Organisation)
	Proceeds of Crime Act 2002
	Section 24(5)—Power of Secretary of State to vary the amount in Section 24(1).
	Section 25(3)—Power of Secretary of State to vary the amount in Section 25(1)
	Section 75(7)—Power of Secretary of State to amend Schedule 2 (lifestyle offences: England and Wales)
	Section 75(8)—Power of Secretary of State to vary amount in Section 75(4)
	Section 109(5)—Power of Scottish Ministers to vary amount in Section 109(1)
	Section 142(6)—Power of Scottish Ministers to amend Schedule 4
	Section 142(7)—Power of Scottish Ministers to vary amount in Section 142(3)
	Section 174(5)—Power of Secretary of State to vary amount in Section 174(1)
	Section 175(3)—Power of Secretary of State to vary amount in Section 175(1)
	Section 223(7)—Power of Secretary of State to amend Schedule 5
	Section 223(8)—Power of Secretary of State to vary amount in Section 223(4)
	Section 339A(7)—Power of Secretary of State to vary amount in Section 339A(2)
	Section 364(4)—Power of Secretary of State to amend meaning of customer information
	Section 398(4)—Power of Scottish Ministers to amend meaning of customer information
	Schedule 5, paragraph 9—Power of the Treasury to amend Part 1 or 2 of Schedule 9
	Anti-social Behaviour Act 2003
	Section 81—power to amend Section 80—documents in electronic form
	Section 83 —power to amend Sections 65 and 66
	Section 87—power to lower age at which FPN issued
	Crime (International Co-operation) Act 2003
	Section 93—General power to make supplementary and consequential provision. Conferred on Secretary of State and Scottish Ministers
	Criminal Justice Act 2003
	Section 5 Section 63B(6A) to PACE 1984—power to amend the age for class A drugs testing in under-18s
	Section 62—power to amend Schedule 4
	Section 161—power to amend age for pre sentence drug testing
	Section 178—power to amend court review power
	Section 197(3)—power to amend definition of responsible officer
	Section 223—power to amend hours for community orders
	Section 246—power to amend number of days re. licence
	Section 260(6)—power to amend number of days re. removal
	Section 267—power to alter relevant proportion of sentence
	Section 269—power to amend Schedule 21
	Section 281—alteration of penalties
	Section 283—power to alter maximum penalties
	Section 291—power to exclude application of sentence to under-18s
	Section 301(5)—power to amend period of driving disqualification
	Section 325—power to amend description of persons
	Section 333—supplementary and consequential provision
	Schedule 20 Section 46A(6) to the Criminal Justice Act 1991—power to amend the definition of "the requisite period"
	Schedule 31 paragraph 5—power to amend amount of money/number of days
	Schedule 35, paragraph 9—power to amend notice period
	Extradition Act 2003
	Section 219(2) and (3)—power to make provision necessary or expedient for giving full effect to any provision of this Act
	Female Genital Mutilation Act 2003
	None
	Sexual Offences Act 2003
	Section 130—power to amend Schedules 3 and 5
	Asylum and Immigration (Treatment of Claimants, etc) Act 2004
	Section 20(6) (a) and (b)—provides that an order made under the Regulatory Reform Act 2001 may amend Sections 19, 20 and 25 of the 2004 Act.
	Section 26(6) inserted Section 103D into the Nationality, Immigration and Asylum Act 2002. Section 103D (6) (c)—provides that regulations made under subsection (4) may modify or disapply a provision of an enactment relating to the funding of legal services.
	Schedule 3, Part 6, paragraph 20 (a) and (b)—provides that a state may be added to the list specified in paragraph 2 of Schedule 3.
	Domestic Violence Crime and Victims Act 2004
	Section 9(6)—power to amend subsections (4) or (5) which list the bodies that may be directed to establish or participate in reviews
	Section 14(5)—power to amend schedules to Courts Act 2003 (fines)
	Section 53(4)—power to amend Schedule 9—authorities within commissioner's remit
	Section 54(4)—power to amend purposes for which info may be disclosed
	Section 57—power to amend info on notice for recovery of compensation
	Schedule 2 new Schedule 1A, Paragraph 1(1) and (3) to the Criminal Procedure (Insanity) Act 1964 (c 84)—power to extend the period of time for a supervision order from two years.
	Schedule 3 Section 116C(3) of the Army Act 1955 and of the Air Force Act 1955— power to amend the definition of "supervision order"
	Schedule 3 Section 63C(3) of the Naval Discipline Act 1957—power to amend the definition of "supervision order"
	Schedule 7 Section 5(4B) to The Parliamentary Commissioner Act 1967 (c 13)—power to amend exclude grounds upon which the commissioner can conduct an investigation
	Drugs Act 2005
	Strictly speaking there are no relevant powers but Sections 9(4) and 10(5) enable Ministers to prescribe a lower age than 18 for the purposes of initial and follow-up drugs assessments.
	Prevention of Terrorism Act 2005
	Section 13(2)—Power of Secretary of State to repeal Sections 1 to 9, revive them and continue them in force
	Serious Organised Crime and Police Act 2005
	Section 52—power to modify application of enactments in relation to designated staff of SOCA
	Section 61(4)—Power of Secretary of State to amend Section 61(1) and (2)
	Section 61(5)—Power of Scottish Ministers to amend Section 61(1) and (2)
	Section 76(4)— Power of Secretary of State to amend Section 76(3)
	Section 77(4)— Power to Scottish Ministers to amend Section 77(3)
	Section 82(6)—Power of Secretary of State to amend Schedule 5
	Section 96—power to amend enactments to implement obligations on the UK re freezing of property/evidence in mutual legal assistance cases
	Section 97(3)—Power of Secretary of State to make provision for magistrates' courts to make low-value confiscation orders.
	Section 103(5)—Inserts a new Section 339A into the Proceeds of Crime Act 2002, which includes a power for the Secretary of State to vary the amount set out in Section 339A(2)—Section 339A is also mentioned below under the Proceeds of Crime Act 2002.
	Section 146(6)—Power of Secretary of State to amend Section 146.
	Section 148(4)—Power of Secretary of State to amend Section 148
	Section 163—power to modify Section 113C of the Police Act 1997 (children's suitability statements)
	Section 173—General power to make supplementary, consequential and incidental provision
	Schedule 10, paragraph 2—power to modify maximum amount of a parental compensation order
	Schedule 10, paragraph 8—power to modify maximum amount of a parental compensation order (NI)

Human Rights Act 1998

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they intended, when introducing the Human Rights Bill to Parliament in 1997, that it should be capable of being amended by delegated legislation.

Baroness Ashton of Upholland: It was the Government's intention during the passage of the Human Rights Act that it would be capable of amendment in the same way as any other Act of Parliament. The Act itself provides that it may be amended in specific respects by subordinate legislation: see Sections 1(4), 14(5), 15(5) and 16(7).

Immigration: Kurdish Asylum Seekers

The Earl of Sandwich: asked Her Majesty's Government:
	Which areas of Iraqi Kurdistan are now regarded as safe for the return and reception of Iraqi asylum seekers of Kurdish origin; on what recent evidence this judgment is based; and what is the assessment of security risk to returnees in the Kirkuk area.

Baroness Scotland of Asthal: Since July 2003 more than 1,600 Iraqi nationals who originate from towns and cities all over Iraq, including Kirkuk, have returned home voluntarily under a programme organised by the International Organisation for Migration (IOM). Returnees under this programme are offered a returns package which includes flights, airport reception services and reintegration assistance. Onward transportation to final points of destination is provided to returnees who arrive at Erbil airport—and in future also at Sulaymaniah airport. We monitor the security situation across Iraq using a variety of sources, including material from the FCO and the UNHCR. No specific assessments are made of safety or security risks to particular towns or villages when a return is made voluntarily.

Legislative and Regulatory Reform Bill

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether Clause 1 of the Legislative and Regulatory Reform Bill will enable them by means of delegated legislation to (a) create a new offence of incitement to religious hatred; (b) curtail or abolish jury trial; (c) permit the Home Secretary to place citizens under house arrest; (d) allow the Prime Minister to dismiss judges; (e) amend the law on nationality and immigrations; and (f) reform the Magna Carta; and
	Whether Clause 1 of the Legislative and Regulatory Reform Bill will enable them by means of delegated legislation to (a) amend the Human Rights Act 1998; (b) amend the Scotland, Government of Wales, and Northern Ireland Acts 1998; (c) reform the Claim of Right; and (d) amend the Habeas Corpus Acts.

Lord Bassam of Brighton: Part 1 of the Legislative and Regulatory Reform Bill provides a power to reform legislation by order. It also provides a power to implement recommendations made by one or more of the Law Commissions in the United Kingdom for reforming legislation or the common law. Reforms to the common law can be made only to the extent that they are implementing such recommendations, and not otherwise. The Government have made a commitment not to deliver highly controversial measures by order and not to push forward proposals that are opposed by the relevant parliamentary committees (Thursday, 9 February, Official Report, col. 1058–59)
	In addition, the order-making powers in the Bill are subject to a number of safeguards. All proposals for orders must undergo statutory consultation and orders must be scrutinised by specialist parliamentary committees. In addition, an order that is reforming legislation (except where merely restating provisions) or which is amending or abolishing the common law may be made only if the Minister considers that the following conditions, where relevant, are satisfied:
	the policy objective intended to be secured by the provision could not be satisfactorily secured by non-legislative means;
	the effect of the order is proportionate to the policy objective;
	the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;
	the provision does not remove any necessary protection; and
	the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.
	Where a provision is merely restating legislation or codifying the common law, the Minister must be satisfied that the provision would make the law more accessible or more easily understood.
	A number of topic-specific restrictions also apply to all orders. For example, an order cannot impose or increase taxation or, other than in the case of an order implementing a Law Commission recommendation, create criminal offences punishable with a penalty above certain specified limits, as under the 2001 Act.

Local Authorities: Asset Management

Baroness Byford: asked Her Majesty's Government:
	Further to the Written Answer by the Lord McKenzie of Luton on 23 January (WA 147), what kind of assets were disposed of by local authorities to raise the outturn to £5.1 billion as compared with the Lyons prediction of £3.9 billion.

Lord McKenzie of Luton: Table B22 of the 2005 Pre-Budget Report estimated £5.1 billion of asset sales by local authorities as the outturn data for 2004–05. Below is the breakdown of £5.1 billion by the function of expenditure.
	
		
			  £ million 
			 General public services 386 
			 Public order and safety 84 
			 Enterprise and economic development 342 
			 Agriculture, fisheries and forestry 46 
			 Transport 130 
			 Environment protection 23 
			 Housing and community amenities 3,734 
			 Recreation, culture and religion 35 
			 Education and training 258 
			 Social protection 79 
			 Total 5,118 
		
	
	The £3.9 billion figure in Table C16 of the 2005 Budget Report was an estimate for 2007–08. It was based on the projection by the Lyons review of asset management and is not comparable to the £5.1 billion figure.

Railways: Franchises

Lord Rosser: asked Her Majesty's Government:
	Whether a decision by the rail franchising director to award a train operator a franchise for additional services is dependent, for its implementation, on the Office for Rail Regulation subsequently agreeing to allocate track access to the train operator for those additional services.

Lord Davies of Oldham: Yes; but before entering into such an agreement we would want to be certain that Network Rail could offer paths for such services and that preliminary discussions with the Office of Rail Regulation had concluded there were no significant problems to prevent the track access allocation being completed.

Sexual Offences

Lord Hylton: asked Her Majesty's Government:
	What progress is being made towards consolidating the whole of the law concerning sexual offences.

Baroness Scotland of Asthal: The Sexual Offences Act 2003 was the most radical reform of sexual offences for more than 100 years. The 2003 Act repealed and re-enacted, with considerable improvements, a number of offences dating from the Sexual Offences Act 1956 (which had consolidated offences dating from 1861). The 2003 Act introduced tougher new penalties for many offences, introduced new laws to protect the young and vulnerable from sexual abuse and ended laws which had discriminated against male homosexual sexual activity. Part 2 of the 2003 Act re-enacted, with considerable improvements, the notification requirements on convicted or cautioned sex offenders (the sex offenders register) and also introduced four civil orders to assist the police in the management of sex offenders and those who pose a risk of sexual harm.